ORS 458.670: Definitions for ORS 458.670 to 458.700.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
As used in this section and ORS 458.675 to 458.700, unless the context requires otherwise: (1) “Account holder” means a resident of this state who: (a) Is 12 years of age or older; (b) Is a member of a lower income household; and (c) Has established an individual development account with a fiduciary organization. (2) “Fiduciary organization” means an organization selected under ORS 458.695 to administer state moneys directed to individual development accounts and that is: (a) A nonprofit, fund raising organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code as amended and in effect on December 31, 2023; or (b) A federally recognized Oregon Indian tribe that is located, to a significant degree, within the boundaries of this state. (3) “Financial institution” means: (a) An organization regulated under ORS chapters 706 to 716 or 723; or (b) In the case of individual development accounts established for the purpose described in ORS 458.685 (1)(c), a financial institution as defined in ORS 178.300. (4) “Individual development account” means a contract between an account holder and a fiduciary organization, for the deposit of funds into a financial institution by the account holder and the deposit of matching funds into a designated account by the fiduciary organization, to allow the account holder to accumulate assets for use toward achieving a specific purpose approved by the fiduciary organization. (5) “Lower income household” means a household having an income equal to or less than the greater of the following: (a) 80 percent of the median household income for the area as determined by the Housing and Community Services Department. In making the determination, the department shall give consideration to any data on area household income published by the United States Department of Housing and Urban Development. (b) 200 percent of the poverty guidelines as determined by the Housing and Community Services Department. In making the determination, the department shall give consideration to poverty guidelines published by the United States Department of Health and Human Services and may consider other income data periodically published by other federal or Oregon agencies. (6)(a) “Net worth” means a calculation based on the net value of assets of a household established by rule by the Housing and Community Services Department. (b) “Net worth” does not include: (A) Equity in one residence and in one vehicle. (B) Holdings in pension accounts valued at less than $120,000. (7) “Resident of this state” has the meaning given that term in ORS 316.027. [1999 c.1000 §1; 2001 c.648 §3; 2007 c.765 §2; 2008 c.45 §16; 2009 c.5 §26; 2009 c.63 §1; 2009 c.541 §22; 2009 c.909 §29; 2010 c.82 §31; 2011 c.7 §26; 2012 c.31 §26; 2013 c.377 §26; 2014 c.52 §28; 2015 c.442 §20; 2016 c.33 §24; 2017 c.527 §25; 2018 c.101 §25; 2019 c.319 §27; 2021 c.456 §27; 2021 c.525 §8; 2022 c.83 §27; 2023 c.171 §27; 2024 c.75 §27]
Official history and status
History: Note: 458.670 to 458.700 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 458 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Administrative rules citing this section
- OAR 813-002-0005: Temporary rule language in effect until 01/08/2027. Purpose and Objectives — implements
- OAR 813-002-0005: Temporary rule language in effect until 01/08/2027. Purpose and Objectives — authority
- OAR 813-002-0010: Definitions — implements
- OAR 813-002-0010: Definitions — authority
- OAR 813-002-0025: Funding Applications — implements
- OAR 813-002-0025: Funding Applications — authority
- OAR 813-002-0030: Technical Advisory — implements
- OAR 813-002-0030: Technical Advisory — authority
- OAR 813-002-0045: Protests and Judicial Review of Funding Decisions — implements
- OAR 813-002-0045: Protests and Judicial Review of Funding Decisions — authority
- OAR 813-002-0055: Fees and Charges — implements
- OAR 813-002-0055: Fees and Charges — authority
- OAR 813-300-0005: Purpose and Objectives — implements
- OAR 813-300-0010: Definitions — implements
- OAR 813-300-0020: Fiduciary Organization Application Process — implements
- OAR 813-300-0030: Fiduciary Organization Application Review — implements
- OAR 813-300-0040: Fiduciary Organization General Responsibilities — implements
- OAR 813-300-0060: Fiduciary Organization Suspension or Revocation of Account Holder Status — implements
- OAR 813-300-0070: Fiduciary Organization Funding — implements
- OAR 813-300-0080: Fiduciary Organization Use of Tax Credit Contributions and Supplemental Funds — implements
- OAR 813-300-0090: Fiduciary Financial Controls; Audit and Repayment Responsibilities — implements
- OAR 813-300-0100: Fiduciary Organization Records and Reporting Requirements — implements
- OAR 813-300-0120: Account Holder Use of Funds — implements
- OAR 813-300-0130: Voluntary Revocation of Fiduciary Organization Role — implements
- OAR 813-300-0150: Tax Credit Contributor — implements
- OAR 813-300-0160: Department Regulation and Enforcement — implements
- OAR 813-300-0170: Administrative Review — implements
This rule cites
- ORS 458.675 — resolved
- 458.700 — resolved
- ORS 458.695 — resolved
- ORS 458.685 — resolved
- ORS 178.300 — resolved
- ORS 316.027 — resolved
Cited by
- ORS 314.057: Application of Economic Stimulus Act of 2008 (P.L. 110-185), Heroes Earnings Assistance and Relief Tax Act of 2008 (P.L. 110-245), Food, Conservation, and Energy Act of 2008 (P.L. 110-246), Housing and Economic Recovery Act of 2008 (P.L. 110-289), Emergency Economic Stabilization Act of 2008, Energy Improvement and Extension Act of 2008, Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (P.L. 110-343) and Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351).
- ORS 314.059: Application of American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
- ORS 315.272: Certain individual development account withdrawals.
- ORS 458.700: Authority of fiduciary organizations; rules.
- OAR 813-300-0005: Purpose and Objectives
- OAR 813-300-0020: Fiduciary Organization Application Process
- OAR 813-300-0050: Fiduciary Organization Selection of Account Holders and Designated Beneficiaries
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors458.html